Big Loss for Big Green – PUC Judge Won’t Shut Down ME1 & 2 Pipes
Big Green forces who pinned their hopes of stopping the Mariner East 1 and 2 pipelines on a rogue PA Public Utility Commission (PUC) administrative law judge had those hopes dashed yesterday. In May of this year, Elizabeth Barnes, PUC administration law judge, unilaterally ordered Sunoco Logistics Partners to “cease and desist all current operation, construction, including drilling activities on the Mariner East 1, 2 and Mariner East 2X pipeline” in West Whiteland Township in Chester County, PA (see Antis Get Lib Judge to Shut Down All Mariner East Pipes, Dems Rejoice). The judge also shut down all operations of the currently operating Mariner East 1 across the entire state. Barnes’ closure of ME1 and ME2 was later overturned by the full PUC (see PA PUC Overrules Lib Judge – Mariner East 1 Returns to Service and PA PUC Allows ME2 Pipeline Work to Restart Near Philly). In early December, a ginned up “emergency relief petition” was aired before Barnes. Same deal. Antis want to shut down ALL of the Mariner East projects–permanently. Barnes was the judge hearing the “testimony” of the antis, along with a vigorous defense by Sunoco. Apparently she learned her lesson. Yesterday Barnes rejected the emergency petition.
Read More “Big Loss for Big Green – PUC Judge Won’t Shut Down ME1 & 2 Pipes”
It certainly seems as if the deck has been stacked against the PennEast Pipeline project, a $1 billion, 120-mile natgas pipeline that will stretch from northeast PA to the Trenton area of New Jersey. As we pointed out in November, DTE Energy’s NEXUS Pipeline, a 255-mile pipeline from Columbia County in Ohio to Southern Michigan, received its Federal Energy Regulatory Commission (FERC) approval around the same time PennEast did, about a year ago. NEXUS is already built and flowing, PennEast hasn’t turned the first shovelful of dirt yet. It’s been a real battle for PennEast (see 
Virginia Attorney General Mark Herring, a liberal Democrat, has filed a lawsuit against Mountain Valley Pipeline alleging the project has violated Virginia environmental regulations some 300 times. You know, things like workers throwing candy wrappers and cigarette butts on the ground. The AG filed the lawsuit “on behalf of Department of Environmental Quality Director David Paylor and the State Water Control Board.” Since when does allegedly violating certain low-level regulatory standards become a matter of concern for a state attorney general? Apparently AG Herring doesn’t have enough to do. His action smacks of political persecution, no? Someone trying to curry favor with radical leftists in order to launch his own bid for governor some day? That’s exactly what’s going on. Yet another Democrat abusing his office to feather his own political nest. Disgusting.
One of the ways anti-fossil fuel groups have tried to stop the Mariner East 2 Pipeline project is by tying it up in court. Various lawsuits have been filed going back years. One litigant, a Big Green group headquartered in Philadelphia, the so-called Clean Air Council, has tried repeatedly to get the courts to deny ME2 the right to use eminent domain in cases where landowners refuse to cooperate (see 
How much “diligence” is required when trying to locate the heirs of mineral rights owners in Ohio, as stipulated by the Ohio Dormant Minerals Rights Act (DMA)? That issue was addressed, once again, last week–this time by Ohio’s 7th District Court of Appeals. The DMA requires a surface owner to exercise “reasonable due diligence” to ascertain the names and addresses of mineral holders and their heirs prior to serving notice of abandonment by publication. The question is, what is “reasonable due diligence”? Is there a common standard? The 7th District decided there is no common standard, and what’s reasonable in one case may not be reasonable in another. In other words, it all depends–and is unique in each case.
In May of this year, Elizabeth Barnes, an administration law judge for the Pennsylvania Public Utility Commission (PUC), unilaterally ordered Sunoco Logistics Partners to “cease and desist all current operation, construction, including drilling activities on the Mariner East 1, 2 and Mariner East 2X pipeline” in West Whiteland Township in Chester County, PA (
Two weeks ago MDN told you about a class action lawsuit that’s been brewing in West Virginia since 2013, brought by 10,000 WV landowners and royalty rights owners against EQT over the company’s practice of deducting post-production expenses from royalty payments (see 
In early October MDN reported that the U.S. Court of Appeals for the Fourth Circuit had “vacated” (canceled, overturned) a permit issued by the U.S. Army Corps of Engineers in West Virginia that would allow Mountain Valley Pipeline (MVP) to use a more environmentally friendly form of crossing four rivers in the state than is technically allowed under federal Clean Water Act regulations (see 
In August, the Pennsylvania Commonwealth Court handed PA drillers a partial victory in their quest to block onerous new drilling regulations, part of something called Chapter 78a (see